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Seafarers' Rights in the Globalized Maritime Industry
The enormous technological, financial, and structural changes of recent decades have revolutionized the international shipping industry, bringing about lower freight rates, shorter time in port and fast turnarounds, reduction in crew size, employment of cheap labour from developing countries, avoidance of national regulations and taxes, and diminished living and working standards on board. Exploitation of seafarers has always existed, but now it has become more common and frequent. Shipowners can cut costs in various ways, but the most profitable and easiest to achieve are those at the expense of labour costs, in particular costs for maintaining proper living conditions on board the ship. Th...
Privacy@work
The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work ...
Collective Labour Rights for Self-Employed Workers
Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards col...
Regulation of Fixed-term Employment Contracts
In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - de...
Managers in European Law
Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...
Trade Union Rights at the Workplace
"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays prese...
The Role of the Court of Justice in EU Labour Law
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues –...
Casual Work Arrangements and Platform-Based Work
Platform work – in which work activities are channelled through web platforms or apps – has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work – often linked to insecure or precarious working conditions – until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers. The analysis proceeds through a detailed...
Converging Regions
For over a millennium, Asia and the Middle East have been closely connected through maritime activities and trade, a flourishing relationship that has given rise to new and thriving societies across the Indian Ocean region and Arabia. In recent times, with the global political and economic power shifts of the past decade, significant events in the Middle East and Asia have brought about fundamental global change; the Arab uprisings, the emergence of India and China as powerful global economies, the growing strength of various new Islamic movements, and serious financial uncertainties on a global scale have laid the foundations of a new world order between East and West. The current volume examines this renewed global dynamic, and how it is changing the relationships between the interdependent global communities across Asia and the Middle East. Focussing on the broader aspects of finance and trade between the Middle East and Asia, as well as growing security issues over natural resources and questions of sovereignty, this volume concludes with speculations on the growing importance of Asia and the Middle East in the global setting.
Labour Law and Social Progress
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at t...
